The way forward
The PM should not even debate as to whether to remain in office or not, he should resign to maintain dignity of state.
The recent political hullabaloo was propelled into a further spiral after the (voluntary) parliamentary statement of the prime minister on August 30, 2014. The prime minister accused the protesting parties of calling upon the Big Boys to mediate the current political impasse in the capital, only to be horribly exposed that in fact it was actually our prime minister himself who requested their assistance. Now, the major problem that arises for the prime minister is that he stated this falsehood on the floor of the National Assembly, which is the primary forum for parliamentarians to discuss matters of national importance, and where he stood and took his oath of allegiance. The question that arises is how can the premier continue in office with this looming over his head? Very simple, in Pakistani politics nothing appears impossible and so with a commanding majority in Parliament (assuming his party doesn’t have internal conflicts) he can sit back and pray for the heat to cool down. The next question that follows is what should the protesting parties’ next course of action be due to the premier’s lack of resignation? The answer in my opinion is as follows: the protesting parties should petition the Honourable Court seeking a declaration to the effect that the premier can no longer hold office, based on the following grounds: first and foremost he is in prima facie breach of his Oath of Office (as per 3rd Schedule of the Constitution) which specifically states “I will discharge my duties and perform my functions, honestly [sic] faithfully [sic] in the interest of [sic] integrity, solidarity, well-being and prosperity of Pakistan…”. The last paragraph of the oath states he will not directly or indirectly communicate or reveal to any person any matter brought to him as prime minister, except as may be required for discharge of his duties. In my opinion, he appears guilty on both counts, the first count being obvious and the second count because he voluntarily revealed (and lied about) a matter which was for his personal consideration in his capacity as PM.
Secondly, his actions also appear prima facie violative of Article 62(f) of the Constitution which holds the mandatory requirement of being honest and amin (amongst other traits) for being eligible for Parliament. A well-argued case would further seek to have him additionally declared as having acted against the ideology, integrity and sovereignty of Pakistan, as well as possibly defaming and ridiculing the armed forces, punishable by disqualification from Parliament under Article 63(g) of the Constitution. Clarity in the matter of disqualification from Parliament should also be specifically sought by the petitioner so the Court may remove any doubt or question that may otherwise arise post-judgment.
This in my opinion would resolve the issue and let the country move on. My last thought on this subject is that in civilised nations, people resign on moral and ethical grounds, without the need to be pushed out. The prime minister should not even debate as to whether to remain in office or not, as he himself should in all sense and sensibility resign to maintain the dignity of state. But his adamant refusal for the same perhaps shows our sad and selfish political nature of “(selected) individual before the country”, something we should all strive to change.
Published in The Express Tribune, September 12th, 2014.
Secondly, his actions also appear prima facie violative of Article 62(f) of the Constitution which holds the mandatory requirement of being honest and amin (amongst other traits) for being eligible for Parliament. A well-argued case would further seek to have him additionally declared as having acted against the ideology, integrity and sovereignty of Pakistan, as well as possibly defaming and ridiculing the armed forces, punishable by disqualification from Parliament under Article 63(g) of the Constitution. Clarity in the matter of disqualification from Parliament should also be specifically sought by the petitioner so the Court may remove any doubt or question that may otherwise arise post-judgment.
This in my opinion would resolve the issue and let the country move on. My last thought on this subject is that in civilised nations, people resign on moral and ethical grounds, without the need to be pushed out. The prime minister should not even debate as to whether to remain in office or not, as he himself should in all sense and sensibility resign to maintain the dignity of state. But his adamant refusal for the same perhaps shows our sad and selfish political nature of “(selected) individual before the country”, something we should all strive to change.
Published in The Express Tribune, September 12th, 2014.